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HomeMy WebLinkAbout1602093 JIM STOUFFER - CONTRACT - PURCHASE ORDER - 2205903[LIBRARYBOOKLEASEMPD Rev. 3/29/2002) AGREEMENT TO AMEND LEASE AGREEMENT WHEREAS, Jim Stouffer("Landlord" and the City of Fort Collins, Colorado, a Municipal Corporation ("Tenant'), entered into a Lease Agreement dated January 8, 1999 for 2,014 square feet on the main floor and 1,780 square feet of the lower level of the premises located at 101 Remington Street, Fort Collins, Colorado 80524; and WHEREAS, the aforementioned Lease Agreement was assigned from Jim Stouffer to 2002 Corporation ("Landlord") as per Estoppel Certificate dated June 23, 1999; and, WHEREAS, 2002 Corporation changed its corporate name to Bohemian Real Estate Corporation and the corporate name change was filed with the Secretary of State on November 20, 2001. NOW, THEREFORE, for and in consideration of the said covenants and agreements herein contained and othergood and valuable consideration, receipt and sufficiency ofwhich is herebymutually acknowledged, Landlord and Tenant agree as follows: This Agreement is hereby amended to add to the Leased Premises Suite P on the lowerlevel of 101 Remington Street, consisting of645 square feet, togetherwith the use of such common areas as may be necessary to reasonably access Suite P, as sown on Exhibit "A", attached hereto and incorporated herein by this reference, effective April —L, 2002. In exchange for the addition of this area to the Leased Premises, Tenant agrees to pay rent at the time and in the manner required in the Agreement, in the amount of $385.00 per month, to be increased annually at a rate of 3%, on the anniversary month of this Amendment. The utilities attributable to Suite P shall be paid by Tenant at the same rate in the same manner as utilities for the remainder of the Leased Premises in accordance with the Agreement. 2. All other terms of this Lease remain the same. If there is any discrepancy between the Lease and the First Agreement to Amend Lease Agreement, the First Agreement to Amend Lease shall prevail. 1w��D�iC�7ei7 BOHEMIAN REAL ESTATE CORPORATION By: ` V im`�SOZ vDate Title: ax x, TENANT: THE CITY OF FORT COLLINS, COLORAAD,O�, A Municipal Corporation By: A'S Date j� City; Cl�erkq PROyED AS FO Assistant City At&me this Agreement shall be levied upon by execution or seized by virtue of any writ of any court of law, or, if application be made for the appointment of a receiver for the business or property of Tenant, or, if a petition in bankruptcy shall be filed by or against Tenant, then and in any such case, at Landlord's option, with or without notice, landlord may terminate this Lease and immediately retake possession of the leased premises without the same working any forfeiture of the obligations of Tenant hereunder. In addition to remedy granted to Landlord by the terms hereof, Landlord shall have available any and all rights and remedies available under the Statutes of the State of Colorado. No remedy herein or otherwise conferred upon or reserved to Landlord shall be considered exclusive of any other remedy but shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Further, all powers and remedies given by this Lease to Landlord shall be exercised, from time to time, and as often as occasion may arise or as maybe deemed expedient. No delay or omission of Landlord to exercise any right or power arising from any default shall impair any such right or power or shall be considered to be a waiver of any such default or acquiescence thereof. The acceptance of rental by Landlord shall not be deemed to be a waiver of any breach of any covenants herein contained or of any of the rights of Landlord to any remedies herein given. 27. LEGAL PROCEEDINGS - RESPONSIBILITIES In the event of proceeding at law or in equity by either party hereto, and if the non - defaulting parry shall pursue his rights through legal proceedings, then the defaulting party shall pay all costs and expenses, including all reasonable attorney's fees incurred by the non -defaulting party in pursuing such remedy in the event such non -defaulting party is awarded substantially the relief requested. 28. HOLD HARMLESS OF TENANT To the extent permitted by law and the Charter of the City of Fort Collins, Tenant will indemnify and hold Landlord harmless from and against any and all claims, losses, expenses, costs, judgments, and/or demands arising solely from the conduct of Tenant on the leased premises and/or on account of any operation or action by Tenant and/or from and against all claims arising from any breach or default on the part of Tenant or any act of negligence of Tenant, its agents or employees. 29. ASSIGNMENT OR SUBLETTING Tenant may not assign the Lease, or sublet the leased premises without the consent of Landlord; such consent shall not be unreasonably withheld, provided, however, no such assignment or subletting shall relieve Tenant of any of its obligations hereunder, and performance of the covenants herein by subtenants shall be considered as performance pro tanto by the Tenant. I 30. WARRANTY OF TITLE Landlord covenants it has good right to lease the leased premises in the manner described herein and that Tenant shall peaceably and quietly have, hold, occupy, and enjoy the premises during the term of the Lease. 31. ACCESS Landlord shall provide Tenant non-exclusive access to the leased premises through and across land and/or other improvements owned by Landlord. Landlord shall have the right to designate, during the term of this Lease, all such non- exclusive access and other common facilities of the land and/or improvements of which the leased premises are a part. 32. GOVERNMENTAL ACQUISITION OF PROPERTY The parties agree that Landlord shall have complete freedom of negotiation and settlement of all matters pertaining to the acquisition of the property by any governmental body, it being understood and agreed that any financial settlement respecting land to be taken whether resulting from negotiation and agreement or condemnation proceedings, shall be the exclusive property of Landlord, there being no sharing whatsoever between Landlord and Tenant of any sum received in settlement. In the event of any such governmental taking, Landlord or Tenant shall have the right to terminate this lease on the date possession is delivered to the governmental body. Such taking of the property by a governmental body shall not be a breach of this Lease by Landlord nor give rise to any claims in Tenant for damages or compensation from Landlord. 33. CHANGES AND ADDITIONS TO IMPROVEMENTS Landlord reserves the right at any time to make alterations or additions to the improvements of which the leased premises are a part and/or to build additions or other structures adjoining said improvements; provided, however, that any alterations to the leased premises shall be subject to prior approval by Tenant, which shall not be unreasonably withheld. Landlord also reserves the right to construct other buildings and/or improvements in the immediate area of the improvements in which the leased premises are located and to make alterations or additions thereto, all as Landlord shall determine. Easements for light and air are not included in the leasing of the leased premises to Tenant. Landlord further reserves the exclusive right to the roof of the improvements of which the leased premises are a part except as provided for in this Lease Agreement. 34. SUBORDINATION. The Tenant agrees that its Lease rights will be subordinate to any lending institutions making loans on the real property of which the leased premises are a part. The Tenant agrees to sign reasonable documents reflecting this subordination when, and if required by Landlord. Im 36. INTEREST ON PAST DUE OBLIGATIONS. Any amount due to Landlord not paid when due shall bear interest at one and one- half percent (1 1/2%) per month from the due date until paid. Payment of such interest shall not excuse or cure any default by Tenant under this Lease. 37. LATE CHARGE. The Landlord shall have the right to collect from Tenant, in addition to any amounts due under paragraph 36 above, a monthly collection charge for any payment due to Landlord hereunder which is delinquent five days or longer, said charge being Twenty -Five Dollars ($25.00) or three (3) percent of said payment, whichever sum shall be greater. 38. MEMORANDUM OF LEASE -RECORDING The parties hereto agree this Lease shall not be recorded in the office of the Clerk and Recorder of the county in which the leased premises are located, unless required in order to cause the removal of the leased premises from property tax rolls. 39. NOTICE PROCEDURE. All notices, demands, and requests which may or are required to be given by either party to the other shall be in writing and such that are to be given to Tenant shall be deemed to have been properly given if served on Tenant or an employee of Tenant or sent to Tenant by United States certified mail, return receipt requested, properly sealed, stamped, and addressed to Tenant at Robert Holzfaster, Fort Collins Public Library, PO Box 380, 201 Peterson Street, Ft. Collins, CO 80522 with a copy to: Ron Mills, Right of Way Office, PO Box 380, 117 N. Mason, Ft. Collins, CO 80522 or any such other place as Tenant may from time to time designate in a written notice to Landlord; and, such notice to be given to Landlord to have been properly given if personally served on Landlord or if sent to Landlord, United States registered mail, return receipt requested, properly sealed, stamped, and addressed to Landlord at 101 Remington St., Ft. Collins, CO 80524, or any other such place as Landlord may from time to time designate in a written notice to Tenant. Any notice give by mailing shall be effective as of the date of mailing as shown by the receipt given therefore. 40. CONTROLLING LAW. The Lease, and all terms hereunder shall be construed consistent with the laws of the State of Colorado. Any dispute resulting in litigation hereunder shall be resolved in court proceedings instituted in Larimer County and in no other jurisdiction. 41. BINDING UPON SUCCESSORS. The covenants and agreements herein contained shall bind and inure to the benefit of Landlord and Tenant and their respective successors. This Lease shall 11 be signed by the parties in duplicate, each of which shall be a complete and effective original Lease. 42. PARTIAL INVALIDITY. If any term, covenant, or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease or the application of such term, covenant, or condition to persons and circumstances other than those to which it has been held invalid or unenforceable, shall not be affected thereby, and each term, covenant, and condition of this Lease shall be valid and shall be enforced to the fullest extent permitted by law. 43. CONDITION OF SPACE. With the exception of the changes, additions and corrections herein noted, Tenant agrees to accept this space "as is" except for alterations described in Section 49. 44. NOTICE All parties acknowledge that they have not relied upon any statement or representations made by the real estate agents concerning the legal consequences of this transaction. The agents have recommended that Landlord and Tenant obtain legal advice from their respective attorneys and all parties hereby agree not to hold its agents responsible or liable as to the legal consequences of this transaction. 45. PHONES AND COMPUTERS. Tenant is responsible for installing, repairing and maintaining all phone and computer wiring in the demised premises and for all wiring run from the demised premises to Tenant's main phone panel or terminal equipment if located outside the demised premises. Landlord owns all wiring, whether installed by Tenant or not, between the Tenant's individual jacks and the main phone panel or terminal equipment; and Tenant agrees to leave all phone and computer wiring and jacks in place upon vacating the premises. Landlord shall not be liable for any interruption in Tenant's phone service. Landlord makes no representations or warranty that the building's wiring is sufficient to meet the Tenant's particular telecommunications or computer requirements. Tenant agrees not to take any action that would damage the public phone network. 46. HAZARDOUS MATERIALS AND ENVIRONMENTAL CONSIDERATIONS. A. Tenant covenants and agrees that Tenant and its agents, employees, contractors and invitees shall comply with all Hazardous Materials Laws (as hereinafter defined). Without limited the foregoing, Tenant covenants and agrees that it will not use, generate, store or dispose of, nor permit the use, generation, storage or disposal of Hazardous Materials (as hereinafter defined) on, under or 12 about the Leased Premises, or will it transport or permit the transportation of Hazardous Materials to or from the Leased Premises, except in full compliance with any applicable Hazardous Materials Laws. Any Hazardous Materials located on the Leased Premises shall be handled in an appropriately controlled environment which shall include the use of such equipment (at Tenant's expense) as is necessary to meet or exceed standards imposed by any Hazardous Materials Laws and in such a way as not to interfere with any other Tenant's use of its premises. Upon breach of any covenant contained herein, Tenant shall, at Tenant's sole expense, cure such breach by taking all action prescribed by any applicable Hazardous Materials Laws or by any governmental authority with jurisdiction over such matters. B. Tenant shall inform Landlord any time of Tenant's discovery of any event or condition which constitutes a violation of any applicable Hazardous Materials Loss. Tenant shall provide to Landlord copies of all communications to or from any governmental authority or any other party relating to Hazardous Materials affecting the Leased Premises. C. To the extent permitted by law and the Charter of the City of Fort Collins, Tenant shall indemnify and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, expenses or losses (including, without limitation, diminution on value of the Leased Premises, damages for loss or restriction on use of all or part of the Leased Premises, sums paid in settlement of claims, investigation of site conditions, or any cleanup, removal or restoration work required by any federal, state or local governmental agency, attorney's fees, consultant fees and expert fees) which arise as a direct result of any breach of the foregoing covenants by Tenant. The indemnity and hold harmless provisions contained herein shall also accrue to the benefit of the employees, agents, officers, directors and/or partners of Landlord. D. Upon termination of this Lease and/or vacation of the Leased Premises, Tenant shall properly remove all Hazardous Materials. Landlord shall grant to Tenant and its agents or contractors such access to the Leased Premises as is necessary to accomplish such removal. E. "Hazardous Materials" shall mean (a) any chemical, material, substance or pollutant which poses a hazard to the Leased Premises or to persons on or about the leased Premises or would cause a violation of or is regulated by any Hazardous Materials Laws, and (b) any chemical, material or substance defined as or included in the definitions of "hazardous substances", "hazardous wastes", "hazardous materials", "extremely hazardous waste", "restricted hazardous waste", "toxic substances", "regulated substances", or words of similar import under any applicable federal, state or local law or under the regulations adopted or publications promulgated pursuant thereto, including, but not limited to, the Comprehensive Environmental Response Compensation and Liability Act of 1980, 13 as amended 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, as amended 49 U.S.C. Sec. 1801, et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Sec. 6901, et seq.; the Solid Waste Disposal Act, 42 U.S.C. Section 6991 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq.; and Sections 15-15-101, et seq.; 25-16-101, et seq.; 25-7-101, et seq.; and 25-8-101 et seq.; of the Colorado Revised Statutes. "Hazardous Materials Laws" shall mean any federal, state or local laws, ordinances, rules, regulations, or policies (including, but not limited to, those laws specified above) relating to the environmental, health and safety or the use, handling, transportation, production, disposal, discharge or storage of Hazardous Materials, or to industrial hygiene or the environmental conditions on, under or about the Leased Premises. Said term shall be deemed to include all such laws as are now in effect or as hereafter amended and all other such laws as may hereafter be enacted or adopted during the term of this Lease. 47 OPTION TO RENEW. Upon full and complete performance of all the terms, covenants, and conditions herein contained by Tenant and payment of all rental due under the terms hereof, Tenant shall be given the option to renew this lease for two additional terms of 12 months each. In the event Tenant desires to exercise each successive option, Tenant shall give written notice of such fact to Landlord not less than ninety (90) days and no more than one hundred eighty (180) days prior to the expiration of the then current term of this Lease. In the event of such exercise, this Lease Agreement shall be deemed to be extended for the additional period; provided, however, the basic monthly rental shall be adjusted as herein provided. The rental rate shall be adjusted annually thereafter by the change, if any, in the cost of living for the preceding year, based on the "Consumer Price Index as defined in Paragraph 3-C, but such adjustment shall not exceed 4% annually. Any such increased rental shall be subject to adjustments and be payable as herein provided for. Landlord shall further have the right to make any further adjustments and/or assessments of charges against Tenant as provided for in the Lease. In the event of exercise of said option, any funds retained by Landlord as provided for in the Lease shall be continued to be so held subject to the same terms and conditions. 48. MISCELLANEOUS. All marginal notations and paragraph headings are for purposes of references and shall not affect the true meaning and intent of the terms hereof. Throughout this Lease, wherever the words "Landlord" and 'Tenant" are used, they shall include and imply to the singular, plural, persons both male and female, companies, partnerships and corporations, and in reading said Lease, the necessary grammatical changes required to make the provisions hereof mean and apply as aforesaid shall be made in the same manner as though originally included in said Lease. 14 49. ADDITIONAL PROVISIONS. A. Tenant shall have the option to cancel this lease on an annual basis in the event funds sufficient and intended to pay Tenant's obligations hereunder are not appropriated. B. Landlord agrees to do the following prior to Tenant occupancy: • Install a sink with hot and cold running water and a drain, in the kitchen counter also to be installed in the 210 square foot room. • Clean carpets. • Install dividing wall with a door on south side of suite F. • Tenant shall have access to the restrooms on the main floor on the south side of the building. IN WITNESS WHEREOF, the parties have executed this Lease as of the date hereof. LANDLORD: By. r. rr•9 Date C:\d kl-MEd51 eclse 13 TENANT: City of Ft. Collins By: John . Fischbach Date City Manager roved As To orm, .assistant City Att(Fhay EXHIBIT A Floor Plans 101 Remington Street SIZES ARE APPROXIMATE. DRAWING NOT TO SCALE Mair E Mountain Av Install sink with hot and cold running water and a drain, in the kitchen counter also to be installed in the 210 sf room Lower Level 0 Install a dividing wall with a door on south side of Suite F Suite I Suite 903 sf 5'-11'• z� a Suite 1 " 560 sf ., 4-9 WOMEN Suite K Suite P . 645 sf V ' MEN Suite N 420sf6 EXHIBIT B Tenant expects to construct a book drop in and through the exterior (east) wall of Suite F. The bookdrop will be approximately two (2) feet long by two (2) feet wide, and will be designed to permit the deposit ofbooks and donated items by the public from the east exterior of 101 Remington Street. vun'w au um .ua v�•w III Vall 1111VIIIu.w VII lut, Inn IIV, 1O1VCL1WG1 EXHIBIT A Floor flans 101 Remington ftreet 51ZE5 ARE APPROXIMATE. MWING NOTTO SCALE 4 Main Level E Mountain Av Alley Install sink with hot and cold running water and a drain, in the kitchen counter also to be installed in the 210 sf room Lower Level r. It 0 Install a dividing wall with a door on south side of Suite F $ Q v Suite 1 9eiCsf , >ft Suite G d 903 Sf Wr Suite J 560 sf Suite K Suite P 645 sf ff-V u[N Suite N 420 sf V �t /4 6,� LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 8rh day or January, 1999, by and between Jim Stouffer hereinafter referred to as "Landlord", and City of Ft. Collins, hereinafter referred to as "Tenant;" WITNESSETH: In consideration of the covenants, terms, conditions, agreement and payments as hereinafter set forth, the parties hereto covenant and agree as follows: 1. PROPERTY - LEASED PREMISES Landlord hereby leases unto Tenant the following described premises: approximately 2,014 square feet on the main floor and 1,780 square feet of basement (see attached Exhibit A) located at 101 Remington Street, Fort Collins, Colorado. 2. TERM W„ rm of. this Lease shalt"oomrhence at 12:00 noon on the 1$t day of February, 1999i and unless terminated as herein provided for, seal ern —WMM noon on the' ,31'�,day of January, 2004. 3. RENT Tenant shall pay to Landlord, at address as herein set forth, the following as rental for the leased premises: A. Base Rental The base rental for the full term hereof shall be One hundred sixty-four thousand one hundred seventy and 20/100 Dollars ($164,170.20). Said rental shall be payable in monthly installments (basic monthly rental) of two thousand seven hundred thirty six and 17/100 Dollars ($2,736.17) in advance on the 1st day of each month during the term hereof. B. Security Deposit Landlord acknowledges that it has received from Tenant the sum of Two thousand seven hundred thirty-six and 17/100 Dollars ($2,736.17) to remain on deposit with Landlord during the term of this Lease and any extensions as security for the payment of rent and the full and faithful performance by Tenant of the covenants and conditions of this Lease. In the event of default and failure by Tenant to cure the same in accordance with paragraph 26, the sum shall be retained by Landlord to the extent required to cure such default. Said deposit shall not be construed as liquidated damages. Within sixty (60) days after the yielding the leased premises at the termination of this Lease by Tenant, and providing no default has occurred, said sum shall be returned to Tenant. If any monies are withheld from the same, the Landlord shall provide a written accounting as to why the monies were withheld. No interest shall be payable on the deposit. It is understood that Landlord shall always have the right to apply said deposit or portion thereof to the curing of any default that may exist, provided that notice and opportunity to cure have been provided in accordance paragraph 26. Should Landlord convey its interest under this Lease, the deposit, or the part or portion thereof not previously applied, shall be turned over to Landlord's grantees or assignees and subject to the provisions of this paragraph; and Tenant hereby releases Landlord from any liability with respect to the deposit and Tenant agrees to look solely to such grantee or assignee. Tenant agrees it will not assign, pledge, mortgage or otherwise hypothecate its interest in the security deposit. It is agreed that the sum is not made in payment of rent, but is paid solely as security by Tenant for the full and faithful performance of the obligations and terms of the Lease. C. Cost of Living Adjustment X Applicable _Not Applicable At the option of Landlord, as of third anniversary date of this Lease, the basic monthly rental due under the terms hereof shall be adjusted by the percentage increase in the Denver -Boulder Consumer Price Index (commonly referred to as the Cost of Living Index). It is acknowledged the basic monthly rental herein set forth is based upon the Index that is for "all items" published for the month of January 2000. In the event Landlord elects to so adjust the basic monthly rental to be paid, the basic monthly rental then being paid shall be increased by an amount equal to the amount arrived at by multiplying the percentage Increase in the Cost of Living Index for the preceding 12 month period times the then payable monthly rental however in no case will the increase exceed 4% annually. The increased monthly rental as so determined shall commence as of the first day of the month immediately following the third anniversary date and shall continue until readjusted on an annual basis as herein provided for. In the event said Index ceases to be available, Landlord shall have the right to use the Index which has replaced, modified or changed said Index. If there is no replacement Index, Landlord shall have the right to increase the rental due under the terms hereof, said rental adjustment being made in accordance with the provisions of this paragraph, with the percentage to be used being the percentage increase in said Index for the year immediately preceding the month in which said Index ceases to be published. Additional rents due because of Increase in cost of living Index, accrued prior to the date the current Index is available, shall be added to rents due for the remainder of the lease year and paid in equal installments with the rental payments for the succeeding months. 4. TAXES - REAL PROPERTY - ADJUSTMENT The parties acknowledge and agree that property taxes on the leased premises are included in the base rent payments provided hereunder; and further agree that Tenant shall be entitled to apply for and enjoy the benefit of any reduction in property taxes resulting from an exemption from such taxes that may be applicable under the law to Tenant's use of the premises. 2 5. TAXES - PERSONAL PROPERTY - RESPONSIBILITY Tenant shall be responsible and pay for any and all taxes and/or assessments levied and/or assessed against any furniture, fixtures, equipment and items of a similar nature installed and/or located in or about the leased premises by Tenant. 6. UTILITIES Tenant shall be solely responsible for and promptly pay all charges for heat, gas and electric service and any other utility service used or consumed on the leased premises. Should Landlord elect to supply all or any of the utility services to be used or consumed on the leased premises, Tenant shall, within ten days from the presentation of the statement for such utility service to the leased premises only or a prorata share of 17% of said statement if it includes utility service to an area greater than the leased premises. In no event shall Landlord be liable for any interruption or failure in the supply of any such utility to the leased premised. 7. HOLDING OVER If after expiration of the term of the Lease, Tenant shall remain in possession of the leased premises and continue to pay rent without a written agreement as to such possession, then Tenant shall be deemed a month to month Tenant and the rental rate during such holdover tenancy shall be equivalent to 125% of the monthly rental paid for the last month of tenancy under this Lease. No holding over by Tenant shall operate to renew or extend this Lease without the written consent of Landlord to such renewal or extension having been first obtained. 8. MODIFICATION OR EXTENSIONS No modification or extension of this Lease shall be binding unless in writing, signed by the parties hereto and endorsed hereon or attached hereto. 9. ALTERATION - CHANGES AND ADDITIONS - RESPONSIBILITY Subject to Landlord's prior approval, which shall not be unreasonably withheld, Tenant may, during the term of this Lease, at Tenant's expense, erect inside partitions, add to the existing electric power service, add telephone outlets, add light fixtures, install additional heating and/or air conditioning or make such other changes or alterations as Tenant may desire. At the end of this Lease, all such fixtures, equipment, additions and/or alterations (except trade fixtures installed by Tenant) shall be and remain the property of Landlord; provided, however, Landlord shall have the option to require Tenant to remove any or all such fixtures, equipment, additions and/or alterations and restore the lease premises to the condition existing immediately prior to such change and/or installation, normal wear and tear excepted, all at Tenant's cost and expense unless otherwise agreed at the time of Landlord approval of such change. All such work shall be done in a good and workmanlike manner and shall consist of new materials unless agreed to otherwise by Landlord. Any and all repairs, changes and/or modifications thereto shall be the responsibility and at the cost of Tenant. Landlord may also require adequate security from Tenant assuring no mechanic's liens on account of work 3 done on the premises by Tenant. Landlord may also require adequate security to assure Landlord that the premises will be restored to their original condition upon termination of the Lease. 10. APPROVAL OF CHANGES - SIGN APPROVAL Landlord must approve in writing any sign to be placed on the exterior of the leased premises, regardless of size or value and/or any addition, change or alteration to the exterior of the leased premises. Prior to the cutting of any holes in the roof or prior to any work being performed and/or any equipment being installed on the roof, the prior written approval is to be obtained by Tenant. If Tenant fails to get such prior written approval, then any roof repairs shall be the responsibility of Tenant. Landlord must approve in writing any other improvements, alteration, additions and/or changes to the leased premises in excess of Two Thousand and No/100ths Dollars ($2,000.00). As a condition to the granting of such approval, Landlord shall have the right to require the Tenant to fumish a bond or other security acceptable to Landlord sufficient to insure completion of and payment for any such work to be so performed. Landlord hereby approves changes by Tenant set forth in Exhibit B, attached hereto and incorporated herein by this reference. 11. CARE OF LEASED PREMISES - RESPONSIBILITY OF TENANT During the term of this Lease, Tenant agrees to keep and maintain the interior of the leased premises, excluding the plumbing, heating, air conditioning, and electric systems, in good condition and repair at Tenant's cost and expense. Tenant further agrees at the end of the term to return the leased premises to Landlord in substantially as good condition as when received, except for usual and ordinary wear and tear. Tenant further agrees to be responsible for any repairs and/or maintenance required for any part of the improvements of which the leased premises are a part where such repair and/or maintenance is necessitated by actions or inactions of Tenant and/or activities conducted by -Tenant on the leased premises. 12. MAINTENANCE RESPONSIBILITY OF LANDLORD Except as herein otherwise provided for, Landlord shall keep and maintain the roof plumbing heating, air conditioning, electrical and exterior of the building and the exterior landscaping in good repair and condition. 13. COMMON AREA CHARGES _ Applicable X Not Applicable Tenant shall be responsible for % percent of the total costs incurred for the maintenance and repair of the leased premises, the improvements of which the leased premises are a part and/or the real property upon which said improvements are constructed, including, but not limited to, the costs and expenses incurred for maintenance of common areas, parking lot maintenance including restripping and repaving, removal of snow, removal of trash, rubbish, garbage and other refuse, utilities for common areas and signs in the parking lot and insurance for liability and replacement of the same, all security that may be required to adequately 4 protect and secure the center, all common utilities including water to maintain the landscaping, replanting in order to maintain a smart appearance of the landscape area, supplies, depreciation on the machinery and equipment used in such maintenance and repairs, the cost of personnel to implement such services, to direct parking and to police the common areas and % percent of all the foregoing costs to cover Landlord's administrative and overhead costs, it being the intent to exclude only items of expense commonly known and designated as carrying charges. These costs are estimated on an annual basis and shall be payable monthly along with the rent and adjusted upwards or downwards depending on the actual costs for the preceding twelve (12) months. Tenant shall pay monthly, commencing with the first month of lease term, as additional rent due under the terms hereof, a sum equal to _% percent of the estimated costs for said twelve month period, divided by twelve. 14. CONTROL OF COMMON AREAS All parking areas, driveways, entrances and exits, common areas and other facilities furnished by Landlord, in, on or near the improvements of which the leased premises are a portion, shall at all times be subject to the exclusive control and management of Landlord, notwithstanding that Tenant and/or Tenant's employees and/or customers, may have a non-exclusive right to the use thereof. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to said facilities and areas. 15. USE OF PREMISES AND CARE OF GROUNDS - TENANT Tenant shall conform to all present and future laws and ordinances of any governmental authority having jurisdiction over the leased premises. Tenant shall not allow an accumulation of trash or debris on the leased premises or within any portion of the improvements of which the leased premises are a part. All receiving of goods and merchandise and all removal of garbage shall be made only by way of the rear and/or other service door provided therefor. In the event the leased premises shall have no such door, then these matters shall be handled in a manner satisfactory to Landlord. No storage of any material outside of the leased premises shall be allowed unless first approved by Landlord in writing, and then in only such areas as are designated by Landlord. Tenant shall not commit or suffer any waste on the leased premises nor shall Tenant permit any nuisance to be maintained on the leased premises or permit any disorderly conduct, common noise or other activity having a tendency to annoy or disturb any occupants of any part of the improvements of which the leased premises are a part and/or any adjoining property. 16. LIABILITY FOR OVERLOAD - TENANT Tenant shall be liable for the cost of any damage to the leased premises, the improvements of which the leased premises are a part or the sidewalks and pavements adjoining the same which will result from movement of heavy articles. 5 Tenant shall not unduly load or overload the floors or any part on any part of the leased premises. 17. GLASS AND DOOR RESPONSIBILITY — LANDLORD All glass and doors on the leased premises shall be the responsibility of the Landlord. Any replacement or repair shall be promptly completed at the expense of the Landlord. 18. RULES AND REGULATIONS N/A 19. USE OF PREMISES Tenants shall use the leased premises for a library and related uses and for no other purpose whatsoever except with the written consent of the Landlord. 20. PARKING Throughout the term of this Lease, Landlord shall provide four designated parking spaces for off-street parking, for the use of customers and employees of Tenant in common with customers of other occupants or other portions of the improvements of which the leased premises are a part. Tenant shall park all vehicles of whatever type used by Tenant and/or Tenant's employees only in those areas which are designated by Landlord for this purpose, and Tenant accepts the responsibility of seeing that Tenant's employees park only in such areas as are so designated. 21. INSURANCE - RESPONSIBILITY OF TENANT Tenant shall procure, pay for and maintain comprehensive public liability insurance providing coverage from any loss or damage occasioned by an accident or casualty, about or adjacent to the leased premises, which policy shall be written on an "occurrence basis" with limits of not less than $1,000,000.00 liability coverage and $100,000.00 property damage coverage. In addition thereto, Tenant shall, at all times, procure, pay for and maintain fire legal liability insurance coverage on the leased premises. Tenant shall provide certificate(s) of such insurance to Landlord upon commencement of the Lease term and at any annual renewal date thereof. Such certificate(s) shall name Landlord as an additional insured, in addition to the other requirements set forth herein. The limits of such insurance shall not, under any circumstances, limit the liability of Tenant hereunder. Coverage shall not be changed, modified, reduced or canceled without (30) days prior written notice thereof being given to Landlord. If Tenant uses, in the leased premises, any kind of steam or other high pressure boiler or other apparatus which present any possibility of damage to the leased premises or the improvements of which the leased premises are a part or the life and limb of persons within such premises, Tenant agrees to carry appropriate boiler insurance in an amount satisfactory to Landlord to indemnify against any loss resulting from any explosion or other damage or liability. Not withstanding the foregoing, Tenant may self -insure for any or all coverage at its option, in accordance with Colorado law. L^ 22. INSURANCE - RESPONSIBILITY OF LANDLORD The landlord shall be responsible for and shall have in effect at all times fire, extended coverage, and vandalism and malicious mischief insurance in such amounts as shall be determined appropriate by Landlord. In the event of any increase in the premium therefore, due to the nature of Tenant's business over the premium paid for the coverage in effect as of the date hereof, Tenant shall pay, as additional rent due under the terms hereof, 100% of the amount of such increase. If necessary, the amount due hereunder shall be prorated on the basis of the remaining term of this Lease as to the remaining term of the policy for which said increase in premium has been charged. 23. REGULATIONS ON USE It shall be Tenant's sole and exclusive responsibility to meet all requirements and laws of any governmental body having jurisdiction over the leased premises as such regulations affect tenant's operations, all at Tenant's sole cost and expense. Tenant further agrees not to install any electrical equipment that overloads any electrical paneling, circuitry or wiring and further agrees to comply with the requirements of the insurance underwriter or any governmental authorities having jurisdiction thereof. 24. DAMAGE TO LEASED PREMISES In the event the leased premises and/or the improvements of which the leased premises are a part shall be totally destroyed by fire or other casualty or so badly damaged that, in the opinion of Landlord, it is not feasible to repair or rebuild same, Landlord shall have the right to terminate this Lease upon written notice to Tenant. If the leased premises shall be partially damaged by fire or other casualty, except if caused by Tenant's negligence, and said leased premises are not rendered untenantable thereby, an appropriate reduction of the rent shall be allowed for the unoccupied portion of the leased premises until repair thereof shall be substantially completed. If the leased premises are rendered untenantable thereby, except if caused by Tenant's negligence, Tenant may, at its election, terminate this Lease as of the date of the damage. If Tenant elects not to terminate the Lease, the rent shall abate in proportion to the loss of use of the leased premises by Tenant during such untenantability. 25. INSPECTION OF AND RIGHT OF ENTRY TO LEASED PREMISES A. Tenant has inspected the leased premises and accepts the same in condition that exists as of the date hereof, except for those improvements by Landlord described in paragraph 49, which have not been completed. B. Landlord, and/or Landlord's agents and employees, shall have the right to enter the leased premises at all times during regular business hours and, at all times during emergencies, to examine the leased premises, to make such repairs, alterations, improvements or additions as Landlord may deem necessary or 7 desirable, and Landlord shall be allowed to take all materials into and upon said premises that may be required therefor without the same constituting an eviction of Tenant in whole or in part, and the rent reserved shall in no way abate while such repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant or otherwise. During the six months prior to the expiration of the term of this Lease or any renewal thereof, Owner may exhibit the premises to prospective tenants and/or purchasers and may place upon the leased premises the usual notice indicating the leased premises are for lease and/or sale. 26. DEFAULT - REMEDIES OF LANDLORD If Tenant shall default in the payment of rent or in the keeping of any of the terms, covenants or conditions of this Lease to be kept and/or performed by Tenant and if such default isn't cured within twenty-one (21) days after notice of default from Landlord, or such reasonable longer period not to exceed an additional 30 days to effect a cure, other than payment of rent, which Tenant is diligently pursuing. Landlord may immediately, or at any time thereafter, re-enter the leased premises, remove all persons and property therefrom, without being liable to indictment, prosecution for damage therefore, or for forcible entry and detainer and repossess and enjoy the leased premises, together with all additions thereto or alterations and improvements thereof. Landlord may, at its option, at any time and from time to time thereafter, relet the leased premises or any part thereof for the account of Tenant or otherwise, and receive and collect the rents therefore and apply the same first to the payment of such expenses as Landlord may have incurred in ,recovering possession and for putting the same in good order and condition for rerental, and expense, commissions and charges paid by Landlord in reletting the leased premises. Any such reletting may be for the remainder of the term of this Lease or for a longer or shorter period. In lieu of reletting such leased premises, Landlord may occupy the same or cause the same to be -occupied by others. Whether or not the leased premises or any part thereof be relet, Tenant shall pay the Landlord the rent, and all other charges required to be paid by Tenant up to the time of expiration of this Lease or such recovered possession, as the case may be, and thereafter, Tenant, if required by Landlord, shall pay to Landlord until the end of the term of this Lease, the equivalent of the amount of all rent reserved herein and all other charges required to be paid by Tenant, less the net amount received by Landlord for such reletting, if any. In the event of any default by Tenant, and regardless of whether the premises shall be relet or possessed by Landlord, fixtures, additions, furniture, and the like then on the premises may be retained by Landlord. In the event Tenant is in default under the terms hereof and, by the sole determination of Landlord, has abandoned the leased premises, Landlord shall have the right to remove all the Tenant's property from the leased premises and dispose of said property in such a manner as determined best by Landlord, all at the cost and expense of Tenant and without liability of Landlord for the actions so taken. In the event an assignment of Tenant's business or property shall be made for the benefit of creditors, or, if the Tenant's leasehold interest under the terms of F1